Practice: Insurance & Casualty Litigation
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Insurance & Casualty Litigation
Louisiana Supreme Court Extends UM Coverage To Passengers
- March 13, 2013
- By Brent Carriere
The Louisiana Supreme Court, in Bernard v. Ellis, 11-2377 (La. 7/2/12), 111 So.3d 995, recently ruled that a guest passenger in an insured vehicle should be considered an insured for uninsured/underinsured (UM) coverage purposes. The ruling is based upon an application of Louisiana’s statutory omnibus clause, La. R.S. 32:900(B)(2), which mandates coverage for any person “using […]
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Insurance & Casualty Litigation
Legacy Reform Limits Liability
- March 8, 2013
- By Allen & Gooch
With a history of extensive claims and monetary awards never being used to actually remediate property, the state has struggled with how to handle the environmental damage in legacy cases. New legislation hopes to ease the burden, particularly on business.
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Insurance & Casualty Litigation
SSA Broadly Construed When Deciding Whether To Award Attorney’s Fees
- March 4, 2013
- By Allen & Gooch
The U.S. Fifth Circuit Court of Appeals recently addressed the award of attorneys’ fees under Section 406(b) of the Social Security Act. In Jackson v. Astrue, 705 F.3d 527 (5th Cir. 2013), the plaintiff appealed the Social Security Administration’s (“SSA’s”) denial of his claim for disability-insurance benefits and supplemental-security-income benefits. A district judge in the Northern […]
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Insurance & Casualty Litigation
Third-Party Claims: Unconditional Tenders Versus Offers Of Settlement
- February 22, 2013
- By Brent Carriere
Requirements for Third-Party Claims Insurance companies should remember that under La. R.S. 22:1892, an insurer is only required to make an “unconditional” tender/payment to an insured, not to a third-party claimant. The only duty imposed on insurers by La. R.S. 22:1892 with regard to third-party claims is to make a “written offer to settle” any […]
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Insurance & Casualty Litigation
Vast Litigation Against BP Likely in Deepwater Horizon Rig Disaster
- May 10, 2010
- By Allen & Gooch
Deepwater Horizon, BP Oil Spill The explosion of the Deepwater Horizon drilling rig off the coast of Louisiana resulted in a fire that sank the rig and caused a massive oil spill. Eleven rig workers are presumed dead and another seventeen others were injured. The spill is currently ongoing, spewing thousands of barrels of crude […]